FAIRFAX, Va. - A Fairfax County (web | news) judge found a father not guilty of involuntary manslaughter Wednesday in the death of his 21-month-old son, who was left in a hot SUV for nine hours over the summer.

Judge R. Terence Ney said the defendant, Miles H. Harrison, 49, was clearly negligent in the death of his son, Chase. But the judge said Harrison's behavior did not reach the standard of gross negligence, which is required for a finding of involuntary manslaughter.

"The facts do not satisfy the standard imposed," said Judge Ney, calling Harrison "oblivious" and "plainly negligent". But the judge said Harrison was without "callous disregard for human life."

"There was not a callousness in his actions which is what the law requires," Peter Greenspun, Harrison's defense attorney, said.

Harrison declined to comment. His sister, Jane Kershner, spoke for the family.

"It's time for our family to move on to the grieving for my nephew and their son," she said. "He was a happy and loving wonderful little boy. He was lucky enough to have wonderful parents who were going to help him grow and become, you know, more than he already was."

Harrison told investigators he forgot to drop off his son, Chase, at daycare on July 8, 2008, leaving him unattended in his SUV for nine hours in 90-degree heat after he went to work, police said. The child was not found until 5 p.m., when a co-worker apparently spotted the child in his car seat in the parking lot and notified Harrison.

Harrison's wife, Carol, took the stand Tuesday, describing the call she received from him upon finding his son's lifeless body.

"Miles called me. He was very upset, screaming on the phone. Then he hung up," she said on the stand.

Harrison collapsed at the scene and spent two weeks in a psychiatric hospital.

Carol Harrison described the boy's death as a horrible accident. Other character witnesses, including the family physician, also testified on Harrison's behalf, describing the family as very attentive to their son.

"I think the family was a very engaged family, very interested in the care of the child and we're involved and very active throughout the whole adoption process," Dr. Patrick Mason, the family physician, said. "They seemed to be very engaged in the child's care."
Miles Harrison took the stand Tuesday, answering questions with only "yes" and "no" responses while fighting back tears.

Defense attorneys argued Harrison loved his son, but was distracted by work problems that morning. They say he was not accustomed to dropping Chase off at the Ashburn Childcare Center -- his wife usually did that. The couple had just adopted the child three months earlier from Russia.

Prosecutors argued that while Miles Harrison did not intend to harm his son, he didn't embrace the expanded responsibilities of being a parent. Prosecutors pointed out that Harrison remembered to drop off clothes at the dry cleaner that morning, and he remembered to grab his backpack with his work materials from the front seat before heading into the office.

The judge's verdict means Harrison has been cleared of all charges. The judge said, in effect, no prison sentence could make Harrison suffer more than he already has.

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